New York S 3710: Relates to the crime of endangering the welfare of a child

Bill Text

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S03710 Summary:

BILL NOS03710 

&nbsp

SAME ASSAME AS A03577

&nbsp

SPONSORLANZA

&nbsp

COSPNSRSTEC

&nbsp

MLTSPNSR

&nbsp

Amd §§260.10, 70.02, 260.12 & 260.15, ren §260.11 to be §260.12, add §260.11, Pen L

&nbsp

Creates a new class D violent felony offense of endangering the welfare of a child in the first degree; converts the current offense of endangering the welfare of a child to a second degree crime.

Go to top S03710 Actions:

BILL NOS03710 

&nbsp

01/29/2025REFERRED TO CODES

01/07/2026REFERRED TO CODES

Go to topS03710 Committee&nbspVotes:

Go to topS03710 Floor&nbspVotes:

There are no Assembly votes for this bill in this legislative session.

Go to topS03710 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 3710

 2025-2026 Regular Sessions

 IN SENATE

 January 29, 2025
 ___________

 Introduced by Sens. LANZA, STEC -- read twice and ordered printed, and
 when printed to be committed to the Committee on Codes

 AN ACT to amend the penal law, in relation to the crime of endangering
 the welfare of a child and to create a new crime of endangering the
 welfare of a child in the first degree

 The People of the State of New York, represented in Senate and Assem-
 bly, do enact as follows:

 1 Section 1. Section 260.10 of the penal law, as amended by chapter 447
 2 of the laws of 2010, is amended to read as follows:
 3 § 260.10 Endangering the welfare of a child in the second degree.
 4 A person is guilty of endangering the welfare of a child in the second
 5 degree when:
 6 1. [He or she] Such person knowingly acts in a manner likely to be
 7 injurious to the physical, mental or moral welfare of a child less than
 8 seventeen years old or directs or authorizes such child to engage in an
 9 occupation involving a substantial risk of danger to [his or her] such
 10 child's life or health; or
 11 2. Being a parent, guardian or other person legally charged with the
 12 care or custody of a child less than eighteen years old, [he or she]
 13 such parent, guardian or other person fails or refuses to exercise
 14 reasonable diligence in the control of such child to prevent [him or
 15 her] such child from becoming an "abused child," a "neglected child," a
 16 "juvenile delinquent" or a "person in need of supervision," as those
 17 terms are defined in articles ten, three and seven of the family court
 18 act.
 19 3. A person is not guilty of the provisions of this section when [he
 20 or she] such person engages in the conduct described in subdivision one
 21 of section 260.00 of this article: (a) with the intent to wholly abandon
 22 the child by relinquishing responsibility for and right to the care and
 23 custody of such child; (b) with the intent that the child be safe from
 24 physical injury and cared for in an appropriate manner; (c) the child is

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD03726-01-5

 S. 3710 2

 1 left with an appropriate person, or in a suitable location and the
 2 person who leaves the child promptly notifies an appropriate person of
 3 the child's location; and (d) the child is not more than thirty days
 4 old.
 5 Endangering the welfare of a child in the second degree is a class A
 6 misdemeanor.
 7 § 2. Section 260.11 of the penal law is renumbered section 260.12.
 8 § 3. The penal law is amended by adding a new section 260.11 to read
 9 as follows:
 10 § 260.11 Endangering the welfare of a child in the first degree.
 11 A person is guilty of endangering the welfare of a child in the first
 12 degree when:
 13 1. Such person knowingly acts in a manner which creates a risk of
 14 either serious physical injury or prolonged impairment of the mental or
 15 emotional condition of a child less than seventeen years old; or
 16 2. Such person commits the offense of endangering the welfare of a
 17 child in the second degree, when:
 18 (a) The child is less than eleven years old; or
 19 (b) The child suffered physical injury; or
 20 (c) Such person has previously been convicted of any of the following
 21 offenses: endangering the welfare of a child in the second degree as
 22 defined in section 260.10; endangering the welfare of a child in the
 23 first degree as defined in this section; abandonme